Legal Opinion
Eveready Insurance v. Mesic
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 2007PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to CELR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a judgment of the Supreme Court, Queens County (Rios, J.), entered July 20, 2006, which denied the petition and dismissed the proceeding.
Ordered that the judgment is reversed, on the law, with costs, and the petition to permanently stay arbitration is granted.
The respondent’s failure to file a sworn statement with the petitioner after the alleged hit-and-run accident in accordance with the condition precedent of the supplemental uninsured motorist…
2Cases cited6 opinions
- State Farm Insurance v. VelasquezAppellate Division of the Supreme Court of the State of New York · 1995
- Aetna Life & Casualty v. OcasioAppellate Division of the Supreme Court of the State of New York · 1996
- Empire Insurance v. DorsainvilAppellate Division of the Supreme Court of the State of New York · 2004
- Legion Insurance v. EstevezAppellate Division of the Supreme Court of the State of New York · 2001
- American Home Assurance Co. v. JosephAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hanover Insurance v. EtienneAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Ameriprise Ins. Co. v. KatouchisAppellate Division of the Supreme Court of the State of New York · 2018